Mohd. Javed S/O Haji Nizamuddin v. Charudatta Ashok Sorte

2024:BHC-NAG:1599 37.revn.20.24 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application [APPR] No.34 of 2024 in Criminal Application [REVN] No.20 of 2024 Mohd. Javed s/o Haji Nizamuddin vs.

Charudatta Ashok Sorte =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. Alpesh Deshmukh, Advocate for the Revision Applicant. Mr. Tejas Deshpande, Advocate for the Non-Applicant.

CORAM

: M.W. CHANDWANI, J.

DATE : 8 th FEBRUARY, .

The learned Counsel for the non-applicant placed on record the application for compounding of offence. The application is taken on record.

02] By this application, the non-applicant, who is the original complainant, seeks permission to compound the offence, as he has received the cheque amount from the applicant, who is in jail and undergoing substantive sentence. The non-applicant is personally present in the Court, who confirmed the contents of the application and states that he wants to compound the offence. 03] In view of this, permission is granted to compound the offence punishable under Section 138 of the Negotiable Instruments Act, 1941. The application is allowed and disposed of accordingly. Criminal Revision Application No.20/2024 :

Since the matter has been compounded by the parties to the revision application by moving separate application for compounding the offence, the revision application is allowed.

37.revn.20.24 2/2 02] The impugned judgment and order of conviction dated 29/04/2023 passed by the learned Additional Chief Judicial Magistrate, Court No.4, Akola in S.C.C. No.608/2020 and the judgment and order, dated 23/01/2024 passed by the learned Additional Sessions Judge, Akola in Criminal Appeal No.96/2023, are hereby set aside.

03] The applicant is acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act, 1941. 04] The applicant be set at liberty, if he is not required in any other case.

05] In the aforesaid terms, the revision application is disposed of with no order as to costs.

JUDGE *sandesh